Certain consumer products come with child-resistant packaging. This type of packaging has features such as push-and-turn caps and blister packs to prevent inquisitive kids from drinking chemicals or injuring themselves. There are consumer regulations in place to ensure that products with inherent danger have child-resistant packaging.
But some manufacturers forget these standards when producing products, which can endanger the children of their consumers. Such was the case for Nutraceutical Corporation, which had recently issued a recall for its Heritage Store Hydrogen Peroxide Mouthwash.
The manufacturer recalled about 102,100 bottles of its mouthwash product for lacking child-resistant packaging. Said mouthwash contains a specific concentration of ethanol that’s dangerous for children. By federal law, products with that level of concentration must be in child-resistant packaging.
Nutraceutical has urged consumers to store the recalled mouthwash out of sight and reach of children and to contact the company for a free refund. It has also noted that it hasn’t received any reports of injuries related to the recall.
Ethanol is poisonous to children
Ethanol is an alcohol, and while it can affect adults too, children are more susceptible to the chemical in smaller amounts. Children who ingest ethanol might act drunk just like an adult would, but their bodies might dangerously react to the alcohol. Their breathing and heart rate might slow down, and their blood pressure may drop. In the worst cases, all these effects can be fatal.
Seeking legal recourse for child poisoning
If your child ingests a product with dangerous levels of ethanol and suffers injuries, you may be able to hold the manufacturer responsible for compensation. Under Ohio law, you can hold a company accountable for defects related to their product’s packaging.
Product liability claims in Ohio can be based on strict liability. You don’t have to prove the manufacturer’s negligence, but instead, you must show that the product was defective. You must show that it deviated significantly from its original specifications or performance.
This is easier said than done because you’ll need an expert witness to provide their professional opinion on the matter. A lawyer experienced in personal injury cases may be able to connect you with witnesses that can corroborate your claims and help build your case.
